IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

Size: px
Start display at page:

Download "IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT"

Transcription

1 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT HALLIBURTON COMPANY, No Petitioner, United States Court of Appeals Fifth Circuit FILED March 11, 2015 Lyle W. Cayce Clerk v. ADMINISTRATIVE REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Respondent. Petition for Review of an Order of the United States Department of Labor Before STEWART, Chief Judge, DENNIS, Circuit Judge, and GILSTRAP, District Judge.* ORDER: A member of the court in active service having requested a poll on the reconsideration of this cause en banc, and a majority of the judges in active service and not disqualified not having voted in favor (Fed. R. App. P. 35 and 5th Cir. R. 35), rehearing en banc is DENIED. In the en banc poll, seven judges voted in favor of rehearing (Judges Jolly, Davis, Jones, Smith, Clement, Owen, and Elrod), and eight judges voted * District Judge of the Eastern District of Texas, sitting by designation.

2 against (Chief Judge Stewart and Judges Dennis, Prado, Southwick, Haynes, Graves, Higginson, and Costa). ENTERED FOR THE COURT: /s/ James L. Dennis United States Circuit Judge

3 E. GRADY JOLLY, Circuit Judge, joined by JONES and SMITH, Circuit Judges, dissenting from the denial of rehearing en banc: The panel s decision in this appeal provides yet another gloss upon the Supreme Court s standard in Burlington Northern & Santa Fe Railway Co. v. White, defining a materially adverse employment action in the context of a retaliation claim. 548 U.S. 53, 68 (2006). Under the supposedly objective standard in Burlington Northern, an employee suffers a materially adverse action if the employer acts in a way that well might have dissuaded a reasonable worker from making or supporting a charge of discrimination. 1 Id. (internal quotation marks omitted). Although the Supreme Court crafted this standard in general terms, this Court has grafted so many permutations, on so many occasions, in so many cases that it has no contours of any kind. See id. at 69. Because the panel s decision provides yet another choice for any panel of the Court to purport to apply Burlington Northern, I respectfully dissent from the Court s decision not to rehear the case en banc; we should give some clear objective meaning to the Supreme Court s general terms. The panel seems to admit to an ad hoc nature of its decision; it does not hold that a disclosure of an employee s identity as a complainant is necessarily a materially adverse employment action under Burlington Northern. See Halliburton, Inc. v. Admin. Review Bd., 771 F.3d 254, 261 (5th Cir. 2014) (acknowledging that the relevant issue was whether the disclosure of the complaining employee s identity in the surrounding circumstances amounted to a materially adverse action under Burlington (emphasis added)). Of course, disclosure of the identity of a complaining employee to his co-workers 1 Title VII s anti-retaliation provision was before the Burlington Northern Court, and thus the Court s decision refers to charges of discrimination. The Burlington Northern standard, however, applies to a wide range of anti-retaliation provisions, including the Sarbanes-Oxley anti-retaliation provision at issue here. Allen v. Admin. Review Bd., 514 F.3d 468, 476 n.2 (5th Cir. 2008). 3

4 cannot, without more, be a materially adverse action, because such a disclosure causes no inherent harm to an employee. It is unlike a discharge or significant demotion, where the negative effect on the employee is clear. Indeed, a panel of this Court has recognized, in an unpublished decision, the common-sense principle that a disclosure of an employee as a complainant, standing alone, is not a materially adverse retaliatory action. See Holloway v. Dep t of Veterans Affairs, 309 F. App x 816, 819 (5th Cir. 2009). The panel holds that if the disclosure of the employee s identity results in ostracism, the disclosure may constitute an adverse employment action under Burlington Northern. 2 Halliburton, Inc., 771 F.3d at 262. This position cannot be reconciled with this Court s precedent that ostracism or isolation by co-workers is not a materially adverse action under Burlington Northern as a matter of law. Stewart v. Miss. Transp. Comm n, 586 F.3d 321, 332 (5th Cir. 2009); Aryain v. Wal-Mart Stores Tex. LP, 534 F.3d 473, (5th Cir. 2008). In Stewart, we considered five specific allegations of retaliation, including ostracism, and we concluded as a matter of law that ostracism is a minor annoyance in the workplace and not a materially adverse action. 586 F.3d at 332 (concluding that, [a]s a matter of law, the latter three of these allegations [including ostracism] do not rise to the level of material adversity but instead fall into the category of petty slights, minor annoyances, and simple lack of good manners that the Supreme Court has recognized are not actionable retaliatory conduct ). Similarly, we concluded in Aryain that allegations of rude treatment by an employee s supervisors are insufficient to constitute a materially adverse employment action. 534 F.3d at 485. Under our precedents 2 The panel also notes that collaboration was an important part of the employee s job to bolster its analysis of ostracism. Of course, collaboration is important in any job, as is maintaining a positive rapport with co-workers, such that the panel s emphasis that the employer valued collaboration adds nothing to the panel s analysis. 4

5 in Stewart and Aryain, it is established in this Circuit that ostracism or isolation in the workplace does not rise to the level of material adversity. The panel plainly erred by concluding otherwise. The panel does pose speculative consequences that may result from the disclosure of an employee s identity as a complainant. For example, the panel suggests that a boss s disclosure of an employee s complaint could signal a warning to other employees not to complain about the employer s conduct. Similarly, the panel speculates that Menendez could one day suffer from a potential deprivation of future advancement opportunities as a result of any ostracism by his coworkers. Halliburton, Inc., 771 F.3d at 262. This speculation, I respectfully submit, is foreclosed by Burlington Northern, which emphasizes that retaliation is only actionable if it produces an injury or harm. 548 U.S. at 67 (emphasis added). The Burlington Northern Court did not say that any action that has the potential to produce an injury is materially adverse. Under such a standard, virtually any employment action could be articulated as a material adverse action, contrary to the Court s admonition that an employee s decision to file an employment-related complaint cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience. Id. at 68. Thus, the panel s speculation as to future harms is foreclosed by precedent. Readers of the panel s opinion will certainly be confused by the absence of controlling authority for the panel s holding. Because Stewart and Aryain predate the panel s decision and remain cognizable law in this Circuit, we remain bound by those decisions not the panel s errant decision in this case. See Rios v. City of Del Rio, Tex., 444 F.3d 417, 425 n.8 (5th Cir. 2006) ( The rule in this circuit is that where two previous holdings or lines of precedent conflict the earlier opinion controls and is the binding precedent in this circuit 5

6 (absent an intervening holding to the contrary by the Supreme Court or this court en banc). ). Nevertheless, our authority addressing adverse consequences of employment decisions remains foggy. In my conscientious view, the Court should have taken this case en banc to provide some contours to the concept of an adverse employment action so that we mete out employee rights on the same standard to all. For these reasons, I respectfully dissent. 6

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-50768 Document: 00513232359 Page: 1 Date Filed: 10/14/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ALEJANDRO GARCIA DE LA PAZ, No. 13-50768 Plaintiff - Appellee United States

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-50936 Document: 00512865785 Page: 1 Date Filed: 12/11/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CRYSTAL DAWN WEBB, Plaintiff - Appellant United States Court of Appeals Fifth

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-2081 JANEENE J. JENSEN-GRAF, Plaintiff - Appellant, v. CHESAPEAKE EMPLOYERS INSURANCE COMPANY, Defendant - Appellee. Appeal from

More information

FIFTH CIRCUIT COURT OF APPEALS CLERK OF COURT UPDATE AGENDA

FIFTH CIRCUIT COURT OF APPEALS CLERK OF COURT UPDATE AGENDA FIFTH CIRCUIT COURT OF APPEALS CLERK OF COURT UPDATE LYLE CAYCE JUNE 6, 2014 AUSTIN, TEXAS AGENDA Circuit overview and judges Rule Changes, the EROA, and citation formats Advances in Court Technology and

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 16-60477 September 29, 2017 Lyle W. Cayce Clerk RIMS BARBER; CAROL BURNETT; JOAN BAILEY;

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Derek Hall appeals the district court s grant of summary judgment to

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Derek Hall appeals the district court s grant of summary judgment to FILED United States Court of Appeals Tenth Circuit September 15, 2010 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court FOR THE TENTH CIRCUIT DEREK HALL, Plaintiff-Appellant, v. INTERSTATE

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 17-51019 Document: 00514474545 Page: 1 Date Filed: 05/16/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT BEATRICE GONZALES, Summary Calendar United States Court of Appeals Fifth

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Plaintiff Harry J. Samuels appeals from the entry of summary judgment in

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Plaintiff Harry J. Samuels appeals from the entry of summary judgment in FILED United States Court of Appeals Tenth Circuit April 14, 2010 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court FOR THE TENTH CIRCUIT HARRY J. SAMUELS, Plaintiff-Appellant, v. JOHN

More information

Avoiding and Handling Retaliation Claims

Avoiding and Handling Retaliation Claims Avoiding and Handling Retaliation Claims Presented By: Jonathan Hancock, Esq. 165 Madison Avenue Suite 2000 Memphis, Tennessee Email: jhancock@bakerdonelson.com Phone: 901.577.8202 2010 Baker, Donelson,

More information

by DAVID P. TWOMEY* 2(a) (2006)). 2 Pub. L. No , 704, 78 Stat. 257 (1964) (current version at 42 U.S.C. 2000e- 3(a) (2006)).

by DAVID P. TWOMEY* 2(a) (2006)). 2 Pub. L. No , 704, 78 Stat. 257 (1964) (current version at 42 U.S.C. 2000e- 3(a) (2006)). Employee retaliation claims under the Supreme Court's Burlington Northern & Sante Fe Railway Co. v. White decision: Important implications for employers Author: David P. Twomey Persistent link: http://hdl.handle.net/2345/1459

More information

2007 EMPLOYMENT LAW SYMPOSIUM July 20, 2007 Dallas, Texas

2007 EMPLOYMENT LAW SYMPOSIUM July 20, 2007 Dallas, Texas RETALIATION CLAIMS AFTER BURLINGTON NORTHERN V. WHITE MARLOW J. MULDOON II Cooper & Scully, P.C. 900 Jackson St., Suite 100 Dallas, Texas 75202 214-712-9500 214-712-9540 (fax) marlow.muldoon@cooperscully.com

More information

ARBITRATION AGREEMENT ALERT-- U.S. FIFTH CIRCUIT COURT OF APPEALS INVALIDATES ARBITRATION CLAUSE IN AT-WILL HANDBOOK, APPLYING TEXAS LAW

ARBITRATION AGREEMENT ALERT-- U.S. FIFTH CIRCUIT COURT OF APPEALS INVALIDATES ARBITRATION CLAUSE IN AT-WILL HANDBOOK, APPLYING TEXAS LAW WRITTEN BY: J. Wilson Eaton ARBITRATION AGREEMENT ALERT-- U.S. FIFTH CIRCUIT COURT OF APPEALS INVALIDATES ARBITRATION CLAUSE IN AT-WILL HANDBOOK, APPLYING TEXAS LAW Employers with arbitration agreements

More information

No MYRNA GOMEZ-PEREZ, PETITIONER v. JOHN E. POTTER, POSTMASTER GENERAL

No MYRNA GOMEZ-PEREZ, PETITIONER v. JOHN E. POTTER, POSTMASTER GENERAL No. 06-1321 JUL, 2 4 2007 MYRNA GOMEZ-PEREZ, PETITIONER v. JOHN E. POTTER, POSTMASTER GENERAL ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS EOR THE EIRST CIRCUIT BRIEF FOR

More information

NO IN THE FLYING J INC., KYLE KEETON, RESPONDENT S BRIEF IN OPPOSITION

NO IN THE FLYING J INC., KYLE KEETON, RESPONDENT S BRIEF IN OPPOSITION NO. 05-1550 IN THE FLYING J INC., v. KYLE KEETON, Petitioner, Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit RESPONDENT S BRIEF IN OPPOSITION

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 17-10732 Document: 00514630277 Page: 1 Date Filed: 09/06/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT CONSUMER FINANCIAL PROTECTION BUREAU, Plaintiff Appellee, United States Court

More information

REVISED February 4, 2011 IN THE UNITED STATES COURT OF APPEALS

REVISED February 4, 2011 IN THE UNITED STATES COURT OF APPEALS REVISED February 4, 2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit F I L E D January 13, 2011 MARK DUVALL No. 09-10660 Lyle W. Cayce Clerk

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 17-40884 Document: 00514189250 Page: 1 Date Filed: 10/10/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT MARC VEASEY; JANE HAMILTON; SERGIO DELEON; FLOYD CARRIER; ANNA BURNS; MICHAEL

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 16-11519 Document: 00514077577 Page: 1 Date Filed: 07/18/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT PAMELA MCCARTY; NICK MCCARTY, United States Court of Appeals Fifth Circuit

More information

DEPENDS. year! unlawful procedures in the workplace. in the workplace.

DEPENDS. year! unlawful procedures in the workplace. in the workplace. WHAT IS IS AN AN ADVERSE ADVERSE ACTION? ACTION? WELL, IT WELL, IT DEPENDS By: Michelle J. Douglass, J. Douglass, Esquire Esquire The Law Office Office of Michelle of Michelle J Douglass, J Douglass, L.L.C.

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Case: 07-56424 06/08/2009 Page: 1 of 7 DktEntry: 6949062 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ROBERT M. NELSON, et al. Plaintiffs-Appellants, v. No. 07-56424 NATIONAL AERONAUTICS

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-10086 Document: 00513329434 Page: 1 Date Filed: 01/05/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT STEPHEN MILLER, Plaintiff - Appellant United States Court of Appeals Fifth

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 10-30376 Document: 00511415363 Page: 1 Date Filed: 03/17/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 17, 2011 Lyle

More information

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. v. CIVIL ACTION NO. 4:12-CV-345

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. v. CIVIL ACTION NO. 4:12-CV-345 Case 4:12-cv-00345 Document 18 Filed in TXSD on 05/31/12 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION KHALED ASADI, Plaintiff, v. CIVIL ACTION NO. 4:12-CV-345

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 6:09-cv MSS-GJK.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 6:09-cv MSS-GJK. SHARON BENTLEY, IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-11617 Non-Argument Calendar D.C. Docket No. 6:09-cv-01102-MSS-GJK [DO NOT PUBLISH] FILED U.S. COURT OF APPEALS ELEVENTH

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 17-70013 Document: 00514282125 Page: 1 Date Filed: 12/21/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT MARK ROBERTSON, Petitioner - Appellant United States Court of Appeals Fifth

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D.C. Docket No. CV T

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No D.C. Docket No. CV T [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 05-11556 D.C. Docket No. CV-05-00530-T THERESA MARIE SCHINDLER SCHIAVO, incapacitated ex rel, Robert Schindler and Mary Schindler,

More information

Discrimination v. Retaliation: What Level of Harm is Necessary to Establish a Cause of Action Under Title VII?

Discrimination v. Retaliation: What Level of Harm is Necessary to Establish a Cause of Action Under Title VII? Chicago-Kent College of Law Scholarly Commons @ IIT Chicago-Kent College of Law Louis Jackson National Student Writing Competition Institute for Law and the Workplace 1-1-2011 Discrimination v. Retaliation:

More information

No UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT SUSAN L. VAUGHAN, ANDERSON REGIONAL MEDICAL CENTER,

No UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT SUSAN L. VAUGHAN, ANDERSON REGIONAL MEDICAL CENTER, No. 16-60104 UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT SUSAN L. VAUGHAN, v. Plaintiff- Appellant, ANDERSON REGIONAL MEDICAL CENTER, Defendants-Appellees. Appeal from the United States District

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 16-20640 Document: 00514520038 Page: 1 Date Filed: 06/20/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT LOIS M. DAVIS, Plaintiff Appellant, United States Court of Appeals Fifth

More information

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit Case: 18-131 Document: 38 Page: 1 Filed: 06/13/2018 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit In re: INTEX RECREATION CORP., INTEX TRADING LTD., THE COLEMAN

More information

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 17 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JON HENRY, v. Plaintiff - Appellant, REGENTS OF THE UNIVERSITY OF

More information

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED FEB 21 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS RAMONA LUM ROCHELEAU, Plaintiff-Appellant, No. 15-56029 D.C. No. 8:13-cv-01774-CJC-JPR

More information

A RESPONSE TO PROFESSOR SPERINO S RETALIATION AND THE UNREASONABLE JUDGE. Alex B. Long * INTRODUCTION

A RESPONSE TO PROFESSOR SPERINO S RETALIATION AND THE UNREASONABLE JUDGE. Alex B. Long * INTRODUCTION A RESPONSE TO PROFESSOR SPERINO S RETALIATION AND THE UNREASONABLE JUDGE Alex B. Long * INTRODUCTION I m about to relate a story, and I promise it s true. I recently met with an employee who had a problem

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-30204 Document: 00512826702 Page: 1 Date Filed: 11/05/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT JOANNE STONE, Plaintiff - Appellant United States Court of Appeals Fifth

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-51320 Document: 00513303428 Page: 1 Date Filed: 12/10/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT MARGIE BRANDON, United States Court of Appeals Fifth Circuit FILED December

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Mary McDonald appeals the district court s entry of judgment after a jury

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Mary McDonald appeals the district court s entry of judgment after a jury MARY McDONALD, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit June 1, 2018 Elisabeth A. Shumaker Clerk of Court Plaintiff - Appellant, v. CITY OF

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 18-20026 Document: 00514629339 Page: 1 Date Filed: 09/05/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Summary Calendar DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the

More information

In 2008, the en banc Fifth Circuit granted mandamus relief in the

In 2008, the en banc Fifth Circuit granted mandamus relief in the News for the Bar Spring 2016 THE LITIGATION SECTION of the State Bar of Texas Mandamus in the Fifth Circuit: Life After In re: Vollkswagen by David S. Coale In 2008, the en banc Fifth Circuit granted mandamus

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-50341 Document: 00513276547 Page: 1 Date Filed: 11/18/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ALFRED ORTIZ, III, v. Plaintiff - Appellant Summary Calendar CITY OF SAN

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 17-10589 Document: 00514661802 Page: 1 Date Filed: 09/28/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT In re: ROBERT E. LUTTRELL, III, Appellant United States Court of Appeals

More information

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit United States Court of Appeals for the Federal Circuit MARISA E. DIGGS, Petitioner, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Respondent. 2010-3193 Petition for review of the Merit Systems Protection

More information

Supreme Court of the United States

Supreme Court of the United States No. 13-136 IN THE Supreme Court of the United States MEGAN MAREK, v. Petitioner, SEAN LANE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, ET AL., Respondents. On Petition for a Writ of Certiorari

More information

UNITED STATES COURT OF APPEALS ORDER DENYING CERTIFICATE OF APPEALABILITY *

UNITED STATES COURT OF APPEALS ORDER DENYING CERTIFICATE OF APPEALABILITY * UNITED STATES OF AMERICA, FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit TENTH CIRCUIT January 30, 2014 Elisabeth A. Shumaker Clerk of Court Plaintiff Appellee, v. DWAYNE

More information

Supreme Court of the United States

Supreme Court of the United States No. 11-1361 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- JOHN KETTERER,

More information

Paper: Entered: December 14, 2018 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD

Paper: Entered: December 14, 2018 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Trials@uspto.gov Paper: 13 571-272-7822 Entered: December 14, 2018 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD MICROSOFT CORPORATION, Petitioner, v. SAINT REGIS MOHAWK

More information

MARALYN S. JAMES, Petitioner, METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY NASHVILLE PUBLIC LIBRARY, Respondent. BRIEF IN OPPOSITION

MARALYN S. JAMES, Petitioner, METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY NASHVILLE PUBLIC LIBRARY, Respondent. BRIEF IN OPPOSITION MARALYN S. JAMES, Petitioner, METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY NASHVILLE PUBLIC LIBRARY, Respondent. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-51238 Document: 00513286141 Page: 1 Date Filed: 11/25/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee United States Court of Appeals

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT *

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * EDWIN ASEBEDO, FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit Plaintiff-Appellant, FOR THE TENTH CIRCUIT March 17, 2014 Elisabeth A. Shumaker Clerk of Court v. KANSAS

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-50884 Document: 00512655241 Page: 1 Date Filed: 06/06/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT SHANNAN D. ROJAS, v. Summary Calendar Plaintiff - Appellant United States

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 16-40563 Document: 00513754748 Page: 1 Date Filed: 11/10/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT JOHN MARGETIS; ALAN E. BARON, Summary Calendar United States Court of Appeals

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 6:14-cv PGB-TBS.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 6:14-cv PGB-TBS. Catovia Rayner v. Department of Veterans Affairs Doc. 1109482195 Case: 16-13312 Date Filed: 04/10/2017 Page: 1 of 9 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 16-13312

More information

In the United States Court of Appeals for the Fifth Circuit

In the United States Court of Appeals for the Fifth Circuit Case: 11-50814 Document: 00511723798 Page: 1 Date Filed: 01/12/2012 No. 11-50814 In the United States Court of Appeals for the Fifth Circuit TEXAS MEDICAL PROVIDERS PERFORMING ABORTION SERVICES, doing

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION. Plaintiff, v. CIVIL NO.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION. Plaintiff, v. CIVIL NO. Madrigal v. Kleberg County et al Doc. 46 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION United States District Court Southern District of Texas ENTERED September

More information

Burlington Northern & Santa Fe Railway Co. v. White: Retaliation Clarified

Burlington Northern & Santa Fe Railway Co. v. White: Retaliation Clarified Brigham Young University Journal of Public Law Volume 21 Issue 2 Article 6 5-1-2007 Burlington Northern & Santa Fe Railway Co. v. White: Retaliation Clarified Heidi Chewning Follow this and additional

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 16-50151 Document: 00513898504 Page: 1 Date Filed: 03/06/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT UNITED STATES OF AMERICA, United States Court of Appeals Fifth Circuit FILED

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-70025 Document: 00513465089 Page: 1 Date Filed: 04/14/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT RUBEN RAMIREZ CARDENAS, United States Court of Appeals Fifth Circuit FILED

More information

No REPLY BRIEF FOR THE PETITIONER

No REPLY BRIEF FOR THE PETITIONER No. 06-1431 FILED JUL 2? ~ CBOCS WEST, INC., Petitioner, Vo HEDRICK G. HUMPHRIES, Respondent. On Petition for a Writ of Cera orari to the United States Court of Appeals for the Seventh Circuit REPLY BRIEF

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-40864 Document: 00513409468 Page: 1 Date Filed: 03/07/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT In the matter of: EDWARD MANDEL Debtor United States Court of Appeals Fifth

More information

Case 1:16-cv RP Document 13 Filed 05/13/16 Page 1 of 8

Case 1:16-cv RP Document 13 Filed 05/13/16 Page 1 of 8 Case 1:16-cv-00044-RP Document 13 Filed 05/13/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION BECKY GOAD, Plaintiff, V. 1-16-CV-044 RP ST. DAVID S HEALTHCARE

More information

0:11-cv CMC Date Filed 10/08/13 Entry Number 131 Page 1 of 11

0:11-cv CMC Date Filed 10/08/13 Entry Number 131 Page 1 of 11 0:11-cv-02993-CMC Date Filed 10/08/13 Entry Number 131 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Torrey Josey, ) C/A No. 0:11-2993-CMC-SVH )

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-31090 Document: 00513275382 Page: 1 Date Filed: 11/17/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TYRIKIA PORTER, v. Plaintiff - Appellant United States Court of Appeals Fifth

More information

No IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

No IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT No. 15-3452 IN THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Equal Employment Opportunity Commission, Petitioner-Appellee, v. Union Pacific Railroad Company, Respondent-Appellant. Appeal From

More information

In the Supreme Court of the United States

In the Supreme Court of the United States No. 14-144 In the Supreme Court of the United States JOHN WALKER III, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE BOARD, ET AL., PETITIONERS v. TEXAS DIVISION, SONS OF CONFEDERATE VETERANS, INC., ET AL.

More information

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER 13-1446 Costello v. Flatman, LLC UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-20019 Document: 00512805760 Page: 1 Date Filed: 10/16/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ROGER LAW, v. Summary Calendar Plaintiff-Appellant United States Court of

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-40183 Document: 00512886600 Page: 1 Date Filed: 12/31/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT RICARDO A. RODRIGUEZ, Plaintiff - Appellant Summary Calendar United States

More information

PUBLISH UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER

PUBLISH UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER PUBLISH UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit April 11, 2016 Elisabeth A. Shumaker Clerk of Court DANIEL T. PAULY, as personal representative

More information

Case: , 12/15/2015, ID: , DktEntry: 51-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Case: , 12/15/2015, ID: , DktEntry: 51-1, Page 1 of 3 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Case: 13-17247, 12/15/2015, ID: 9792198, DktEntry: 51-1, Page 1 of 3 (1 of 8) NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FILED DEC 15 2015 NATIONAL ASSOCIATION FOR THE ADVANCEMENT

More information

The retaliatory hostile work environment. The Retaliatory Hostile Work Environment A Hybrid Cause of Action in Search of a Standard PETER M.

The retaliatory hostile work environment. The Retaliatory Hostile Work Environment A Hybrid Cause of Action in Search of a Standard PETER M. 46 THE FEDERAL LAWYER June 2017 The Retaliatory Hostile Work Environment A Hybrid Cause of Action in Search of a Standard PETER M. MANSFIELD The retaliatory hostile work environment is a hybrid claim drawing

More information

Nelson v. NASA, No , 512 F.3d 1134 (9th Cir. 2008), withdrawn and superseded, 530 F.3d 865 (9th Cir. 2008).

Nelson v. NASA, No , 512 F.3d 1134 (9th Cir. 2008), withdrawn and superseded, 530 F.3d 865 (9th Cir. 2008). Nelson v. NASA, No. 07-56424, 512 F.3d 1134 (9th Cir. 2008), withdrawn and superseded, 530 F.3d 865 (9th Cir. 2008). KLEINFELD, Circuit Judge, with whom CALLAHAN and BEA, Circuit Judges, join, dissenting

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 16-20379 Document: 00513991832 Page: 1 Date Filed: 05/12/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT GASPAR SALAS, Plaintiff Appellee, v. GE OIL & GAS, United States Court of

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-30395 Document: 00513410330 Page: 1 Date Filed: 03/08/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT In Re: DEEPWATER HORIZON United States Court of Appeals Fifth Circuit FILED

More information

F I L E D June 18, 2013

F I L E D June 18, 2013 Case: 13-40462 Document: 00512279185 Page: 1 Date Filed: 06/18/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D June 18, 2013 In re:

More information

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 06-7157 September Term, 2007 FILED ON: MARCH 31, 2008 Dawn V. Martin, Appellant v. Howard University, et al., Appellees Appeal from

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-60285 Document: 00513350756 Page: 1 Date Filed: 01/21/2016 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Summary Calendar ANTHONY WRIGHT, For and on Behalf of His Wife, Stacey Denise

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 15-60761 Document: 00514050756 Page: 1 Date Filed: 06/27/2017 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fif h Circuit FILED June 27, 2017 JOHANA DEL

More information

F I L E D September 16, 2011

F I L E D September 16, 2011 Case: 11-50447 Document: 0051160478 Page: 1 Date Filed: 09/16/011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D September 16, 011 In

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. On September 11, 2017, nearly two months after the court heard oral

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. On September 11, 2017, nearly two months after the court heard oral FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT APR 13 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS NARUTO, a Crested Macaque, by and through his Next Friends, People for the Ethical Treatment

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-60638 Document: 00513298855 Page: 1 Date Filed: 12/08/2015 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT PAUL ANTHONY ROACH, v. Petitioner, United States Court of Appeals Fifth Circuit

More information

No IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JOHN R. TURNER. Petitioner-Appellant UNITED STATES OF AMERICA

No IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JOHN R. TURNER. Petitioner-Appellant UNITED STATES OF AMERICA No. 15-6060 IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JOHN R. TURNER Petitioner-Appellant v. UNITED STATES OF AMERICA Respondent-Appellee BRIEF OF THE NATIONAL ASSOCIATION OF CRIMINAL

More information

United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK TEL S. MAESTRI PLACE NEW ORLEANS, LA 70130

United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK TEL S. MAESTRI PLACE NEW ORLEANS, LA 70130 Case: 16-40023 Document: 00513431475 Page: 1 Date Filed: 03/21/2016 LYLE W. CAYCE CLERK United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK TEL. 504-310-7700 600 S. MAESTRI PLACE NEW ORLEANS,

More information

Case 4:13-cv RC-ALM Document 13 Filed 05/16/13 Page 1 of 6 PageID #: 106

Case 4:13-cv RC-ALM Document 13 Filed 05/16/13 Page 1 of 6 PageID #: 106 Case 4:13-cv-00175-RC-ALM Document 13 Filed 05/16/13 Page 1 of 6 PageID #: 106 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION JOSEPH BONGIOVANNI, Plaintiff, -v- Civil Action

More information

No UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. REBECCA FRIEDRICHS, et al., Plaintiffs-Appellants,

No UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. REBECCA FRIEDRICHS, et al., Plaintiffs-Appellants, Case: 13-57095 07/01/2014 ID: 9153024 DktEntry: 17 Page: 1 of 8 No. 13-57095 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT REBECCA FRIEDRICHS, et al., Plaintiffs-Appellants, v. CALIFORNIA TEACHERS

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT *

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * TERRY A. STOUT, an individual, FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit Plaintiff - Appellant, FOR THE TENTH CIRCUIT March 27, 2014 Elisabeth A. Shumaker Clerk

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 16-60414 Document: 00513846420 Page: 1 Date Filed: 01/24/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Summary Calendar SONJA B. HENDERSON, on behalf of the Estate and Wrongful

More information

No IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

No IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 16-4159 IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC. (a.k.a. OOIDA ) AND SCOTT MITCHELL, Petitioners, vs. UNITED STATES DEPARTMENT

More information

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1331 CARLA CALOBRISI, Plaintiff - Appellant, v. BOOZ ALLEN HAMILTON, INC., Defendant - Appellee. ------------------------ AARP,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 09-70030 Document: 00511160264 Page: 1 Date Filed: 06/30/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D June 30, 2010 Lyle

More information

THE SUPREME COURT OF NEW HAMPSHIRE WAYNE H. KASSOTIS TOWN OF FITZWILLIAM. Argued: April 16, 2014 Opinion Issued: August 28, 2014

THE SUPREME COURT OF NEW HAMPSHIRE WAYNE H. KASSOTIS TOWN OF FITZWILLIAM. Argued: April 16, 2014 Opinion Issued: August 28, 2014 NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme

More information

Case No IN THE United States Court of Appeals for the Ninth Circuit DAVID JOHN SLATER, WILDLIFE PERSONALITIES, LTD.,

Case No IN THE United States Court of Appeals for the Ninth Circuit DAVID JOHN SLATER, WILDLIFE PERSONALITIES, LTD., Case: 16-15469, 06/15/2018, ID: 10910417, DktEntry: 64, Page 1 of 10 Case No. 16-15469 IN THE United States Court of Appeals for the Ninth Circuit NARUTO, A CRESTED MACAQUE, BY AND THROUGH HIS NEXT FRIENDS,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TRAVIS SEALS; ALI BERGERON, No. 17-30667 United States Court of Appeals Fifth Circuit FILED October 31, 2018 Lyle W. Cayce Clerk Plaintiffs Appellees,

More information

Case: Document: Page: 1 Date Filed: 03/31/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No.

Case: Document: Page: 1 Date Filed: 03/31/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. Case: 17-10135 Document: 00513935913 Page: 1 Date Filed: 03/31/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT FRANCISCAN ALLIANCE, INC., et al., Plaintiffs, v. THOMAS E. PRICE, Secretary

More information

Case 1:13-cv LG-JCG Document 133 Filed 02/03/15 Page 1 of 12

Case 1:13-cv LG-JCG Document 133 Filed 02/03/15 Page 1 of 12 Case 1:13-cv-00383-LG-JCG Document 133 Filed 02/03/15 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

More information

Supreme Court of the United States

Supreme Court of the United States No. 13-620 IN THE Supreme Court of the United States CITY OF BURBANK, v. ANGELO DAHLIA, Petitioner, Respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar Case: 15-13358 Date Filed: 03/30/2017 Page: 1 of 10 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 15-13358 Non-Argument Calendar D.C. Docket No. 1:15-cv-20389-FAM, Bkcy No. 12-bkc-22368-LMI

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-20026 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 5, 2018 Lyle W. Cayce Clerk DEUTSCHE BANK NATIONAL

More information

Case 0:12-cv RNS Document 38 Entered on FLSD Docket 09/23/2013 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 0:12-cv RNS Document 38 Entered on FLSD Docket 09/23/2013 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 0:12-cv-61959-RNS Document 38 Entered on FLSD Docket 09/23/2013 Page 1 of 9 ZENOVIDA LOVE, et al., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 12-61959-Civ-SCOLA vs. Plaintiffs,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA Staples v. United States of America Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA WILLIAM STAPLES, ) ) Plaintiff, ) ) v. ) Case No. CIV-10-1007-C ) UNITED STATES OF AMERICA,

More information

IN THE INDIANA COURT OF APPEALS. No. 15A PC-2889 STATE S BRIEF OF APPELLEE

IN THE INDIANA COURT OF APPEALS. No. 15A PC-2889 STATE S BRIEF OF APPELLEE IN THE INDIANA COURT OF APPEALS No. 15A04-1712-PC-2889 DANIEL BREWINGTON, Appellant-Petitioner, v. STATE OF INDIANA, Appellee-Respondent. Appeal from the Dearborn Superior Court 2, No. 15D02-1702-PC-3,

More information

2016 WL (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States.

2016 WL (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States. 2016 WL 1729984 (U.S.) (Appellate Petition, Motion and Filing) Supreme Court of the United States. Jill CRANE, Petitioner, v. MARY FREE BED REHABILITATION HOSPITAL, Respondent. No. 15-1206. April 26, 2016.

More information